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Category Archives: Florida Criminal Statutes

West Palm Beach Criminal Defense Attorney Explains Florida Concealed Weapons Law

Criminal defense lawyer Andrew Stine clarifies Florida concealed weapons laws and describes when carrying a concealed firearm is illegal. In Florida, the estimated number of firearms is well over 16 million. Guns are a way of life for many Floridians, says West Palm Beach criminal defense attorney Andrew Stine. Firearm ownership has been on a sharp increase over the past 7 years, not only in Florida but throughout America. So what does Florida law say about carrying a concealed firearm? Under section 790.01(2), Florida Statutes, the law provides that “a person who carries a concealed firearm (without a concealed firearms permit) on or about his or her person commits a felony of the third degree.” Under Florida law, a “concealed firearm” is defined as “any firearm . . . which… […]

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Florida Passes Law to Save Kids and Pets in Cars, Says Palm Beach Defense Lawyer

Criminal defense attorney Andrew Stine reports on a law passed by the Florida Legislature protecting citizens who break into locked cars to save kids and pets. The Florida Legislature passed a new law that allows Good Samaritans to forcefully enter any unattended motor vehicle without civil liability, if they reasonably believe the vehicle is locked and any vulnerable person or any domestic animal is in danger, reports West Palm Beach criminal defense attorney Andrew Stine. Under this new Florida law, the “vulnerable person” definition is tied to the same meaning in Florida General Statue 435.02. Under Fla. Gen. Stat. 435.02 “vulnerable person” basically means a “minor child.” Domestic animal under the new statute is defined as any animal that may be kept as a household pet, but does not include… […]

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Palm Beach Defense Attorney to Defend 18-Year Old Charged With Posing as Doctor

Criminal defense attorney Andrew Stine explains Florida law about who can and cannot legally open a medical clinic in the state. West Palm Beach criminal defense attorney Andrew D. Stine is defending Malachi Love-Robinson, the 18 year old criminally charged with posing as a doctor. The full story will be told at trial, but in order to appreciate what is happening now, in this Palm Beach County criminal case that has captured national attention, you must first understand Florida law, as it applies to “who can open a clinic or a doctor’s office” in the State of Florida, and what a medical doctor does under his or her license. In Florida, there is “No requirement” that the clinic, doctor’s office or other medical facility be owned and incorporated by a… […]

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Palm Beach Criminal Defense Attorney Explains Miranda Violations in Florida

Oral statements made by a criminal defendant in Florida shall be suppressed when a violation of Miranda occurs. West Palm Beach criminal defense lawyer, Andrew D. Stine, has extensive experience in suppressing oral statements made by criminal defendants in violation of their Miranda warnings, because of his keen ability to pick out key buzz words, phrases and statements by criminal defendants and law enforcement officers. The following example set out below is of a Miranda violation occurring in a 2015 DUI homicide case that West Palm Beach DUI lawyer Andrew D. Stine is defending against. After a defendant is apprehended for DUI homicide, DUI manslaughter, vehicular homicide and all other DUI accident related crimes that occur in injury or property damage, they are hauled into a police station and interrogated.… […]

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Is Your Lawyer Proficient in Criminal Statutes and Laws?

Top Criminal defense lawyers need to be proficient in criminal statutes and laws. For example, the word a/any can mean the difference between freedom and prison, reports Palm Beach criminal defense lawyer Andrew D. Stine! As a Palm Beach criminal defense lawyer, statutory interpretation and words like “a/any” have significant meanings, when defending a person charged with criminal offenses in Florida. Many Florida statutes have been written to include what the “the unit of prosecution” shall be for those charged with breaking the law. While Florida laws are exhaustive and cannot be covered in “a” single blog, as to all the crimes that contain the “a/any” language, as it relates to the unit of prosecution, the main principles of double jeopardy and how it may apply to your criminal arrest,… […]

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An Analysis of Florida’s Laws Regarding Human Trafficking

Florida laws, like the Federal laws, have strict legislation on the books regarding Human Trafficking. Under Florida General Statutes 787.06 the Legislature finds that human trafficking is a form of modern-day slavery. Victims of human trafficking are young children, teenagers, and adults. Thousands of victims are trafficked annually across international borders worldwide. Many of these victims are trafficked into this state. Victims of human trafficking also include citizens of the United States and those persons trafficked domestically within the borders of the United States. The Legislature finds that victims of human trafficking are subjected to force, fraud, or coercion for the purpose of sexual exploitation or forced labor. Furthermore, in subsection (b) the Legislature finds that while many victims of human trafficking are forced to work in prostitution or the… […]

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In Florida leaving a child in the Car is Not Illegal

Under Florida law, Section 316.6135, it is not unlawful to leave a child in an automobile. Whether you believe it is prudent or unwise is a personal preference. This blog only addresses the law in Florida and not moral or personal preferences. The law in Florida regarding “parents” and “caretakers” who leave their child in an automobile is stated as follows: A parent, legal guardian, or any other person responsible for a child, younger than 6 years of age, may not leave the child unattended or unsupervised in a motor vehicle, for a period in excess of 15 minutes. Florida Statute Annotated Section 316.6135. In order for the State Attorney to successfully prosecute someone under this statute, the prosecutor must show the following four (4) factors or elements. First, the… […]

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Boating Under The Influence In Florida

Florida has hundreds of miles of coastline and hundreds of natural rivers and lakes that lend itself to a boater’s paradise. So what are the consequences for drinking and driving and operating a boat or vessel while impaired on the Florida waterways? This blog will answer some of those concerns. First, it is illegal to operate a boat in Florida, while the operator’s breathe alcohol level is greater than .08 or his or her normal faculties are impaired. Remember a person’s normal faculties are his or her ability to: walk, talk, see, judge distances and act in an emergency. Second, if convicted of Boating under the Influence in Florida or “BUI” the penalties for the first offense range from: a fine of up to $1,000.00; imprisonment of up to 6… […]

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Florida Sentencing

While many criminal defense attorneys and criminal defendants do not like to think about the “sentencing” proceeding, sentencing is a critical stage of the criminal proceeding. Inevitably in many criminal cases, there will come a time when the accused will be sentenced either after trial or during negotiations of a negotiated plea agreement with the Assistant State Attorney prosecuting the criminal file. How a criminal defendant is prepared for his or her sentencing can make the difference between probation and incarceration or between a withhold of adjudication and being a convicted felon for the remainder of one’s life. Prepare for the worst, so the best outcome may be pronounced by the sitting judge, as your liberty depends on it-Andrew D. Stine. Sentencing in Florida is a critical stage in the… […]

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What is Florida’s Stop and Frisk Law?

In Florida, many drivers, pedestrians, and other occupants of Florida’s roadways and common areas are stopped by Law Enforcement Officers. What Florida laws prevail, when a police officer or law enforcement official stop a citizen of Florida whether driving an automobile, whether walking, or on any other common area of the State of Florida? The law that prevails is the Stop and Frisk law. The Stop and Frisk law of Florida has its history from the strict meaning of the 4th Amendment of the US Constitution, which Florida’s Constitutional principles laminate. The strict meaning of the 4th Amendment only allows Law Enforcement Officials to seize a person if there is probable cause to arrest the individual for a criminal act. This principle of law, that a citizen could only be… […]

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